Assembly Bill 540 (AB 540)

Assembly Bill 540 (AB 540) was passed in 2001 and allows undocumented students and out-of-state students to pay in-state tuition at public colleges and universities in California. Assembly Bill 2000 (AB 2000) was passed in 2014 and expands the definition of students eligible for AB540.

To be eligible for AB 540/AB 2000, students must:

  • have attended a California high school for three or more years; or
  • have attained credits in California equivalent to three or more years of full-time California high school course work, and have attended a combination of California elementary, middle and/or high schools for a total of three or more years.

In addition, students must:

  • have graduated from a California high school or earned the equivalent general education diploma (GED);
  • be enrolled at a CSU, UC or California community college campus;
  • may not hold a valid non-immigrant visa (i.e. F, J, H, L, A, E, etc.).

In addition, an undocumented student must complete and submit a California Non-Resident Tuition Exemption Request Form (AB 540 Affidavit)  with the individual university or community college campus, stating the student will apply for legal residency as soon as possible. A student who maintains continuous enrollment will not be required to submit a new affidavit each year.

Student information remains confidential under the Family Education Rights and Privacy Act (FERPA), a federal law that protects the privacy of a student's record. This means U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) do not have access to this information.

AB 540 and AB 2000 do not grant eligibility for federal and state financial aid. 

AB 540 students may also be eligible for DACA, DREAM acts, EOP and more. 

Applying to SJSU as an AB 540 student

CSU admissions procedures are the same for all students. Check CSU Mentor for more information. In addition, AB 540 students are asked to follow these admission application guidelines:

AB 540 ineligibility

Students who meet admissions criteria but do not qualify for resident tuition under AB 540 can still attend a CSU, UC or California community college campus.   

AB 540: Frequently asked questions